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EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations (SCOPS)
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has national importance
Evidence type: personal statements, business plan, expert letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner does not provide evidence in support of these assertions.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well-positioned to advance the endeavor
Evidence type: education, employment letters, recommendation letters
USCIS finding: INSUFFICIENT
“she has not provided sufficient documentation that her experience and background have provided her the skills required to advance her proposed endeavor”
Decision PDF, p. 6Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDOther findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“the Petitioner has not established that she holds the foreign equivalent of a U.S. academic or professional degree above that of baccalaureate”
p. 3
What this decision can’t tell you
This decision comes from a case that was denied and then appealed. Every case here is in that position — it cannot be used to estimate an overall approval rate, and it cannot predict the outcome of any individual case, including yours. USCIS officers exercise discretion on facts that are never fully captured in a written decision.
This decision turned on national importance. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's personal statements, business plan, expert letters insufficient to establish that proposed endeavor has national importance. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's education, employment letters, recommendation letters insufficient to establish that well-positioned to advance the endeavor. What would make comparable evidence in my own case more persuasive?
- What in my own case most resembles the specific facts USCIS focused on in this decision?